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What is a Living Will?
A living will is a declaration that instructs medical staff on how to treat a person (declarant) in a terminal or incurable condition. The document will include whether the declarant accepts or rejects life-sustaining procedures.
Video
Statutory Forms
How to Make a Living Will (4 steps)
- Decide Treatment Options
- Choose End-of-Life Decisions
- Select a Health Care Agent (Optional)
- Sign Form
1. Decide Treatment Options
Take a moment to reflect on what course of action you would like to take in the event of certain medical events that could occur such as:
- Alzheimer’s Disease;
- Dementia;
- Vegetative State;
- Coma; and
- Incapacitation.
Depending on your individual preference would you like to have the medical staff do everything possible to keep you alive? Or, would you rather die peacefully if you cannot breathe or eat on your own?
These are questions that should be discussed between you and your family so that in the unfortunate event this should happen you and your family will be ready. After careful discussion, the final decisions you make should be reflected in the document.
3. Select a Health Care Agent (Optional)
Most living wills have the option of adding a health care agent to carry out the patient’s intended wishes. This is helpful in the event that there is a gray area where maybe the agent selected feels there is a good chance for survival and will opt against a decision made in the living will. Otherwise, the Principal can choose to neglect this portion of the document and have doctors and medical staff specifically adhere to what is written in the living will.
State | Signing Requirements | Statute |
Alabama | Two (2) witnesses | § 22-8A-4(c)(4) |
Alaska | Two (2) witnesses or a notary public | AS 13.52.010(b) |
Arizona | One (1) witness or a notary public | § 36-3261(b) |
Arkansas | Two (2) witnesses or a notary public | § 20-17-202(a)(1) |
California | Two (2) witnesses or a notary public | PROB § 4701 |
Colorado | Two (2) witnesses or a notary public | § 15-18-106(1) |
Connecticut | Two (2) witnesses | § 19a-575 |
Delaware | Two (2) witnesses | § 2503(b) |
Florida | Two (2) witnesses | § 765.302(1) |
Georgia | Two (2) witnesses | § 31-32-5(c)(1) |
Hawaii | Two (2) witnesses or a notary public. | § 327E-3(b) |
Idaho | The Principal is the only required signer. Although, the State of Idaho recommends it to be witnessed or notarized. | § 39-4510 |
Illinois | Two (2) witnesses | 755 ILCS 35/3 |
Indiana | Two (2) witnesses | IC 16-36-4-10 |
Iowa | Two (2) witnesses or a notary public | § 144.A.3(2) |
Kansas | Two (2) witnesses | § 65-28,103 |
Kentucky | Two (2) witnesses or a notary public | § 311.625(2 |
Louisiana | Two (2) witnesses | § 1151.2(A)(2) |
Maine | Two (2) witnesses | § 5-803(2) |
Maryland | Two (2) witnesses | § 5-602(c) |
Massachusetts | No requirements | No statute |
Michigan | No requirements | No statute |
Minnesota | Two (2) witnesses or a notary public | § 145C.03 |
Mississippi | Two (2) witnesses or a notary public | § 41-41-209 |
Missouri | Two (2) witnesses | 459.015(4) |
Montana | Two (2) witnesses | § 50-9-103 |
Nebraska | Two (2) witnesses or a notary public | 20-404(1) |
Nevada | Two (2) witnesses | NRS 449A.439 |
New Hampshire | Two (2) witnesses or a notary public | § 137-J:14 |
New Jersey | Two (2) witnesses or a notary public | § 26:2H-56 |
New Mexico | Principal only. Although in § 24-7A-4(Part 3)) states that “two (2) witnesses are recommended” | (§ 24-7A-2(B), § 24-7A-4(Part 3)) |
New York | Two (2) witnesses | PBH § 2981 |
North Carolina | Two (2) witnesses and a notary public | § 90-321(c) |
North Dakota | Two (2) witnesses or a notary public | § 23-06.5-05 |
Ohio | Two (2) witnesses or a notary public | Section 2133.02(B) |
Oklahoma | Two (2) witnesses | § 63-3101.4 |
Oregon | Two (2) witnesses or a notary public | ORS 127.515(2)(b) |
Pennsylvania | Two (2) witnesses | § 54-5442(b) |
Rhode Island | Two (2) witnesses | § 23-4.11-3(a) |
South Carolina | Two (2) witnesses and a notary public | § 44-77-40(2) |
South Dakota | Two (2) witnesses and a notary public | § 34-12D-2 |
Tennessee | Two (2) witnesses or a notary public | § 68-11-1803(b) |
Texas | Two (2) witnesses or a notary public | § 166.154, § 166.003 |
Utah | One (1) disinterested witness | § 75-2a-107(c) |
Vermont | Two (2) witnesses | 18 V.S.A. § 9703 |
Virginia | Two (2) witnesses | § 54.1-2983 |
Washington | Two (2) witnesses or a notary public | RCW 70.122.030(1) |
Washington D.C. | Two (2) witnesses | 7-622(a)(4) |
West Virginia | Two (2) witnesses or a notary public | § 16-30-4(a) |
Wisconsin | Two (2) witnesses | § 154.03(1) |
Wyoming | Two (2) witnesses or a notary public | § 35-22-403(b) |
Sample
Download: PDF, MS Word, OpenDocument
HEALTH CARE DIRECTIVE (LIVING WILL)
I, [FULL NAME] (“Principal”), want everyone who cares for me to know what health care I want when I cannot let others know what I want.
SECTION 1:
I want my doctor to try treatments that may get me back to an acceptable quality of life. However, if my quality of life becomes unacceptable to me and my condition will not improve (is irreversible), I direct that all treatments that extend my life be withdrawn.
A quality of life that is unacceptable to me means (check all that apply):
☐ – Unconscious (chronic coma or persistent vegetative state)
☐ – Unable to communicate my needs
☐ – Unable to recognize family or friends
☐ – Total or near total dependence on others for care
☐ – Other: [OTHER]
Check only one:
☐ – Even if I have the quality of life described above, I still wish to be treated with food and water by tube or intravenously (IV).
☐ – If I have the quality of life described above, I DO NOT wish to be treated with food and water by tube or intravenously (IV).
SECTION 2: (You may leave this section blank)
Some people do not want certain treatments under any circumstance, even if they might recover. Check the treatments below that you do not want under any circumstances:
☐ – Cardiopulmonary Resuscitation (CPR)
☐ – Ventilation (breathing machine)
☐ – Feeding tube
☐ – Dialysis
☐ – Other: [OTHER]
SECTION 3:
When I am near death, it is important to me that: [LIST PREFERENCES]
(This section may include preferences such as hospice care, place of death, funeral arrangements, cremation, or burial selections)
As the principal, I fully understand my rights regarding this living will and the availability of health care treatment options. I have made my selections above of my free will and without coercion from any 3rd party.
Principal’s Signature: ___________________________ Date: ____________
Print Name: ___________________________
Source: https://www.hov.org/media/1112/living-will_forms.pdf